QUESTION

Can I break my lease without penalty for excessively noisy neighbors?

Asked on Nov 07th, 2012 on Contracts - Colorado
More details to this question:
I live in the bottom apartment of a two story apartment building. The people upstairs keep me up at all of hours of the night and are excessively noisy during the day as well. I have tried to make it easier by speaking with the office several times,as well as speaking with the neighbors and writing them a note to quit stomping at 5am. I am not sure what to do anymore, it has been going on for weeks now and I am starting to lose it. I am stressed out, irritable from not sleeping, and my blood pressure is skyrocketing from my anger of being woken up every morning by their constant stomping throughout the house. I am worried about having to pay the penalty and still have 4 months until the end of my lease, but I can't handle this excessive noise anymore.
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1 ANSWER

Construction Law Attorney serving Greenwood Village, CO at Cyrus Rajabi, Attorney at Law
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The lease will be determinative in this case and you should read the lease carefully to determine if unremedied nuisances would constitute a basis for terminating the lease.   While the situation may not give you a basis to terminate your lease, it is likely a violation of the other tenants lease as well as local ordinances. As such, you should begin to create a record by sending a written complaint to the management company so that they can respond in writing and potentially evict the other tenant.  The process unfortunately takes some time. Since you have already taken the basic step of approaching your neighbor and asking nicely to have them address the issue, you may want to contact law enforcement or send the neighbor a written letter that you will be making a formal noise complaint if the behavior continues. If the above approaches do not prove successful, you should have an attorney review your lease to determine what, if any, specific basis you may have to terminate the lease. Please note this response is general in nature and is not legal advice. No attorney client relationship is formed by it.  Furthermore, the response does not represent the opinions or views of LexisNexis or its affiliated companies. I hope this information is helpful. Kind regards,   Cyrus Rajabi
Answered on Nov 19th, 2012 at 4:42 PM

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